Re: Tech Writer Lawsuit

Subject: Re: Tech Writer Lawsuit
From: "Gene Kim-Eng" <techwr -at- genek -dot- com>
To: "'TECHWR-L'" <techwr-l -at- lists -dot- techwr-l -dot- com>
Date: Thu, 15 May 2008 16:10:03 -0700

The deciding factor in both the examples you cite is that
the individuals voluntarily chose to leave their positions,
compared to Keith's scenario in which the individual is
terminated by the company.

In an "at-will" employment state, all terminations of the
employer/employee relationship default to "no fault"
status for both unless the employee accuses the
company of using at-will termination to mask a firing
for an illegal/discriminatory purpose or the company
declares the termination "for cause," in which case
the employee has the option of suing for wrongful
termination if the claimed cause can be proven false.
Even in cases where a company is fairly certain that
cause can be proven, the cost of UI is usually seen as
cheap insurance against having to go to court unless
the employee has comitted some prosecutable act or
has done something to really tick management off.
(some company management is more easily ticked off
than others, but the loss of "at-will" protection is the
risk they run for choosing to indulge themselves).

Gene Kim-Eng


----- Original Message -----
From: "Ned Bedinger" <doc -at- edwordsmith -dot- com>
> The usual discriminator, at least in Washington,USA is that you must
> become unemployed through no fault of your own.
>
> UI generally seems to be accepting of anyone's explanation. But
> sometimes they do get suspicious and require more details. I knew a
> single mother who got a job at a suburban mall, but was earning less
> than the cost of daycare for her child. She quit the job and applied
> for
> UI, and was denied because she quit. Next stop, the dole. Another guy
> mustered out of the army and applied for UI. He was denied because he
> could have stayed in the army!

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References:
RE: Tech Writer Lawsuit: From: Lauren
Re: Tech Writer Lawsuit: From: Ned Bedinger

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